Tariff eligibility

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Under collective ability is meant by agreement with the social competitors working conditions, the legal capacity to a collective agreement to regulate with the effect that it for the collective wage agreements directly and essential legal norms are people like. In other words: Anyone who can be a party to the collective bargaining agreement within the meaning of Section 2 (1) TVG is eligible for tariffs .

An employee representative body is either collectively or not at all subject to collective bargaining for the area of ​​responsibility it claims. There is no partial tariff eligibility. In order to be eligible for collective bargaining, a workers' association must be able to assert itself that it can be expected to be perceived and taken seriously as a collective bargaining partner by its social opponent. If a workers' association has already concluded a significant number of collective agreements, this regularly proves that it is assertive.

To be able rate, a must Coalition as a statutory duty to protect the interests of its members in their capacity workers or employers have set and willing to conclude collective agreements. It must be freely formed, free of opponents , independent and organized on an inter-company basis and recognize the applicable collective bargaining law as binding. Furthermore, it must have an efficient organization in order to be able to exert effective pressure and counter-pressure so that its social opponent sees itself induced to enter into negotiations on the conclusion of a collective agreement on working conditions and to come to a collective agreement . This does not necessarily require the coalition to be ready to strike .

See also

Individual evidence

  1. ↑ Federal Constitutional Court decision of October 19, 1966, tariff ability of craft guilds, Az: 1 BvL 24/65, BVerfGE 20, 312; Federal Labor Court decision of March 28, 2006, Az: 1 ABR 58/04, AP No. 4 to § 2 TVG tariff eligibility
  2. ↑ BAG, decision of March 28, 2006 - 1 ABR 58/04 -, BAGE 117, 308-336, 1st guiding principle, margin note 56
  3. ↑ BAG, decision of March 28, 2006 - 1 ABR 58/04 -, BAGE 117, 308-336, 2nd principle, margin note 59
  4. ↑ BAG, decision of March 28, 2006 - 1 ABR 58/04 -, BAGE 117, 308-336, 3rd principle, margin note 62
  5. ↑ Federal Labor Court decision of March 28, 2006, Az: 1 ABR 58/04, AP No. 4 to § 2 TVG tariff capability; Decision of March 15, 1977, Az: 1 ABR 16/75, AP No. 24 to Art. 9 GG
  6. ↑ Federal Constitutional Court decision of May 6, 1964, House helpers association, ready to strike, Az: 1 BvR 79/62, BVerfGE 18, 18.